(PC) Rouser v. Newsom et al, No. 2:2022cv00032 - Document 26 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/04/23 ADOPTING 14 Findings and Recommendations in full and DISMISSING claims against defendant Newsom with prejudice. Case is REFERRED back to the assigned Magistrate Judge for further pre-trial proceedings. (Benson, A.)

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(PC) Rouser v. Newsom et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ROUSER, 12 13 14 15 No. 2:22-cv-0032-TLN-DMC Plaintiff, ORDER v. GAVIN NEWSOM, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. 18 § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District 19 of California local rules. 20 On September 1, 2023, the Magistrate Judge filed findings and recommendations herein 21 which were served on the parties, and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed by either party. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the Court finds the findings and recommendations to be supported by the record and by 28 the magistrate judge’s analysis. 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED as follows: 1. The findings and recommendations filed September 1, 2023 (ECF No. 14) are ADOPTED IN FULL; 4 2. Plaintiff’s claims against Defendant Newsom are DISMISSED with prejudice; and 5 3. The Clerk of the Court is directed to dismiss Defendant Newsom from this action, 6 which is referred back to the assigned Magistrate Judge for further pre-trial 7 proceedings. 8 Date: December 4, 2023 9 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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